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(영문) 서울동부지방법원 2016.07.22 2015가단126085
양수금
Text

1. The Plaintiff:

A. As to KRW 180,195,396 and KRW 60,000 among them, Defendant A Co., Ltd. shall begin on June 9, 2016.

Reasons

The Bank of Korea (hereinafter “Korea Bank”) filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant”) and F with Seoul Central District Court Decision 2015Da174792, and, as the cause of the claim, “The Bank extended loans to Defendant A Co., Ltd. on four occasions under F’s joint and several sureties as follows. The Defendant Co., Ltd. asserted that “The Defendant Company paid 168,809,112 won (the principal of the loan 19,919,805 won up to December 28, 2000, including damages for delay, etc. from 48,889,307 won up to December 28, 200)” as it is deemed to be the cause of the above claim, and that “The Defendant Company and F Co., Ltd. were jointly and severally liable for 168,809,129,199, and damages for delay from 2000,000 won up to 29.205 billion won.

On December 20, 2007, our bank transferred the above loan claims to a limited-liability company specializing in EF&A's land-backed securitization and notified the defendant company and F of the above assignment of claims.

On July 16, 2010, Korea Ef&A limited company specialized in Ef&A’s land-backed securitization transferred the above loans to a limited liability company for L&C loans and notified the Defendant Company and F of the above assignment of claims on February 14, 2014.

On October 11, 2013, a D&C CF loan limited company transferred the above loan claims to the Plaintiff and notified the Defendant Company and F of the above assignment of claims on February 14, 2014.

On the other hand, F died on October 10, 2014.

F had his child G, Defendant D, and E between Defendant C and his wife, but G died on January 201, and his bereaved family members were H, Defendant D, and J.

H, I, and J, the inheritor of G, on December 30, 2014, filed a declaration of renunciation of inheritance with the Daejeon Family Court of Law No. 2014Ra969 on the inheritance of F's property.

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